Check Modernization Notices: Tenants in Germany
What is a modernization notice?
A modernization notice informs tenants about planned modernization work on the rental property and possible consequences such as cost allocation or temporary disruptions. As a tenant in Germany, you should check whether the announced measures are actually modernizations within the meaning of the BGB and what obligations the landlord has.[1] Pay special attention to the exact description of the work, the start date, the expected duration and a transparent cost breakdown.
What tenants should watch for
Systematically check whether the notice is formally and substantively correct. Use the following checklist as a guide:
- Works are clearly described and concern modernization measures, not mere maintenance.
- Cost allocation: It states which share of the modernization costs will be passed on to the rent.
- Deadlines: Start and duration are stated and legal notification periods are observed.
- Evidence & documentation: Make copies, take photos and keep correspondence to have proof later.
- Contact: Check whether contact persons and communication channels are named.
Understanding cost allocation
Landlords may only pass on part of the modernization costs and must calculate this transparently. Whether allocation is permissible depends on the type of work, the ratio of modernization to maintenance and the reasonableness of the costs.
- Check the calculation: What total costs are stated and what percentage is allocated?
- Request invoices and cost estimates if these are not provided.
- Watch for impermissible flat rates or unexplained items.
Deadlines and legal steps
If deadlines are missed or the cost allocation is unclear, tenants can respond: written inquiry, formal objection or, if necessary, rent reduction. In court disputes, cases are heard at the local court (Amtsgericht); procedural rules follow the ZPO.[2]
Forms and authorities
Important forms and applications tenants should know:
- Termination letter template from the Federal Ministry of Justice: Especially relevant when a special termination right due to modernization is being considered; use the template to ensure deadlines are stated correctly.[4]
- Application for legal aid (Prozesskostenhilfe): Relevant if you need to pursue a case at the local court and cannot afford the costs.
- Correspondence with the local court: For eviction suits or disputes over modernization costs the Amtsgericht is typically responsible.[2]
Frequently Asked Questions
- Can the landlord terminate my lease during a modernization?
- An ordinary termination is subject to the statutory provisions in the BGB; modernizations alone do not automatically justify termination by the landlord.[1]
- When can the rent be increased due to modernization?
- Rent increases due to modernization are only possible within the legally regulated scope and must be calculated transparently.
- Which authority handles disputes?
- Tenancy disputes are usually handled by the local court as the first instance; higher instances are the regional court and the Federal Court of Justice.[3]
How-To
- Check the notice immediately for deadlines and the start of work.
- Collect evidence: photos, correspondence and cost documentation.
- Request written access to invoices and calculations of the cost allocation.
- Seek legal advice or check eligibility for legal aid if court proceedings are likely.[4]
Help and Support / Resources
- BGB: Regulations on tenancy relationships
- Zivilprozessordnung (ZPO)
- Federal Court of Justice (BGH) – Decisions
